A community property survivorship agreement is similar to a will but it does not have to be executed with the formalities required of a will. The agreement has to be signed by both parties and has to use certain words as described by the statute. The effect of the agreement is to transfer all of the community property owned by husband and wife to the survivor when one dies. That sounds like a will doesn't it? However, it is not a will but is just an agreement. Since it is an agreement and not a will, the requirements of execution under a will did not apply to an agreement. The agreement doesn't transfer separate property, just community property. 112.001.
I have an article on my blog about a 2019 case involving community property survivorship agreements. You can view that here.
**By **Robert Ray a Texas inheritance attorney.
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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.